Committee Members Present: Mr. Frederick F. Thornburg, Esq., Chair Dr. Susan Mullane, Vice Chair Mr. James Howe Ms. Jane Moscowitz, Esq.

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1 MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE MEETING FRIDAY, SEPTEMBER 8, :30 P.M. WLRN CONFERENCE ROOM SCHOOL BOARD ADMINISTRATION BUILDING Committee Members Present: Mr. Frederick F. Thornburg, Esq., Chair Dr. Susan Mullane, Vice Chair Mr. James Howe Ms. Jane Moscowitz, Esq. Committee Members Absent: Dr. Susan Angulo Judge Seymour Gelber, Esq. Ms. Daneen Regna Others Present: Dr. Marta Pérez, School Board Member Mr. Luis M. Garcia, Senior Assistant Board Attorney Mr. Carlos Becerra, Administrative Assistant to Mr. Frank Bolanos Mr. Jose F. Montes de Oca, Assistant Chief Auditor Ms. Elsie Montijo, Administrative Secretary Ms. Alysia Carr, Administrative Secretary Ms. Julie Aristide, CIU, Investigator Ms. Susan Kairalla, Florida School Choice Parent Resource Center Mr. Stuart Jacobs, YEI Dr. Wil Blechman, YEI Mr. Lester Rosenberg, Miami-Dade County Relations Commission Mr. Adolfo Perez, Parent Mr. Kenneth Newman, Visitor

2 Page 2 of 5 I. CALL TO ORDER The Chair called the meeting to order at 12:30 p.m. II. INTRODUCTION OF STAFF AND GUESTS The Chair welcomed everyone to the meeting, asked the attendants to introduce themselves and to state the reason for their presence, which they did. Mr. Thornburg expressed his condolences on the passing of Judge Gelber s wife. The Chair spoke about the Blue Ribbon Commission on Ethics handout distributed by Mr. Adolfo Perez and noted that this is background information and will be a useful tool for the suggested expansion, contraction or addition to the Ethics Committee Policy. Mr. Thornburg mentioned that he failed to appoint a committee to review the Ethics Committee Policy, which will recommend a proposal to the School Board on the revision of areas of responsibility. He suggested to Ms. Moscowitz to do so. Mr. Thornburg also spoke about the Civility Rule and he asked if there was a committee appointed for the drafting of a civility rule. Mr. Montes de Oca responded that there is a committee and it is mentioned in the minutes of June 16, 2006 EAC meeting. Ms. Moscowitz offered to draft the Civility Rule, which she will bring to the October meeting. III. APPROVAL OF MINUTES FOR THE JUNE 16, 2006 MEETING Mr. Thornburg commended staff for an outstanding job on the minutes. There being no discussion, Dr. Mullane made a motion to approve the minutes of the June 16, 2006 meeting, which was seconded by Ms. Moscowitz, and carried unanimously. IV. YOUTH ETHICS INITIATIVE (YEI) UPDATE The Chair gave a brief synopsis of the YEI, which he fully endorses. He noted that Mr. Howe, Dr. Mullane, and himself are presently involved with YEI s projects. Mr. Jacobs, the new elected president of the YEI, gave an update of the YEI activities. He was happy to announce that the YEI had their 4 th Annual Ethics Conference for Miami-Dade and Monroe Counties, which was very successful. He also mention that Broward County had their 1 st Ethics Conference and it too was well received. He also spoke about the launching of Ethics courses being incorporated into the curriculum that has been endorsed by Dr. Crew. The curriculum will be webbased and constantly updated. To make an assessment of the ethics curriculum project, a workshop was established at the ethics institute for teachers and received 6 master plan points. Attendees were excited with the curriculum and eager to bring into play. He discussed the future plans for conferences and activities. In conclusion, Mr. Jacobs stated that the YEI mission is to promote and advocate

3 Page 3 of 5 ethics awareness training, education among students and educators, and to train youth to put problem solving into a decision making process. Mr. Thornburg reiterated his strong belief in YEI s mission. V. RENAMING THE OUTSIDERS CODE OF ETHICS Mr. Thornburg spoke about the renaming of the Outsiders Code of Ethics. He suggested changing it to M-DCPS Business Code of Ethics. All members concurred. VI. TURNING OVER THE GAVEL Mr. Thornburg spoke about the history of the EAC and its presidents. He thanked his fellow EAC members and School Board members for their support, and also spoke about taking a low profile on many occasions to avoid unnecessary attention by the press and pointed out that the EAC had always handled disagreements to School Board in a professional, civic and respectful manner. He suggested that in the future EAC should always think about taking a high profile when tackling the areas of responsibility for the EAC. He also thanked Mr. Luis Garcia, staff member from Office of Management and Compliance Audits, and others for their contributions. Mr. Montes de Oca expressed some special words toward Mr. Thornburg for his demeanor during the time they worked together. As the Chair turned over the gavel to Ms. Moscowitz, he noted that she has always had the best interest in the EAC and will advance the EAC and expressed confidence knowing that she will devote her energy to do that. He also noted that Mr. James Howe has agreed to be Vice Chair. Dr. Mullane thanked Mr. Thornburg for his efforts as Chair, the EAC members for their contributions, and the Office of Management and Compliance Audits for their support. She noted that she has enjoyed being the Vice Chair and is committed to provide her volunteered services on a long-time basis. Mr. Howe noted that it was refreshing to have Mr. Thornburg Chair this committee. He has been of great service to this community and has dealt with issues in a diplomatic, yet firm way. Mr. Thornburg concurred with Ms. Moscowitz that the EAC should come out of the box and be more forceful on the subject of the codes of ethic. He expressed concern on the implementation of the codes.

4 Page 4 of 5 VII. DISCUSSION ON PROPOSING A SCHOOL BOARD RULE RESTRICTING M- DCPS EMPLOYEES FROM MAKING CONTRIBUTIONS TO SCHOOL BOARD CANDIDATE POLITICAL CAMPAIGNS Ms. Moscowitz expressed dismay about the lack of support provided by the School Board on restricting M-DCPS employees from making contributions to School Board candidates political campaigns. Mr. Thornburg agreed and urged Ms. Moscowitz to pursue this issue more strongly. Dr. Perez stated how ineffective the campaign contribution rules are, and how easy it is to get around them. Ms. Moscowitz stated that she is aware that employees cannot be precluded from making contributions; however, she believes restrictions should be applied. Mr. Thornburg suggested that if an employee s restriction to contribute to Board Members political campaigns part of term and condition of employment it should be enforceable and improve the situation. Mr. Garcia pointed out that there cannot be a blanket rule prohibiting contributions and noted that there is a rule which prohibits members from soliciting; however, the rule allows them to accept contributions for employees. Ms. Moscowitz suggested sending a recommendation letter to the School Board addressing the issue discussed. She asked Mr. Garcia to bring back a report highlighting the issues impacting this recommendation to assist the EAC draft a letter appropriately. VIII. DISCUSSION ON MR. MELVIN S. BLACK ATTORNEY AT LAW, ON HIS QUESTION OF WHETHER SCHOOL BOARD MEMBERS HAVE AN ETHICAL DUTY TO REFRAIN FROM EXPENDING FURTHER TAX DOLLARS TO LITIGATE CIVIL RIGHTS LAWSUIT RELATED TO THE BANNING OF THE BOOK VAMOS A CUBA FROM SCHOOL S LIBRARY The Chair enumerated two issues that Mr. Black put in writing and expressed concern with. She explained that one of the issues is whether the School Board should use its resources to defend this lawsuit. The second issue deals with whether this topic should be used in political campaigns. Ms. Moscowitz questioned whether issues are of ethical nature, and whether they should be addressed by the EAC. Mr. Thornburg expressed his position on the issue in which he mentioned that he believes that this is not an ethical issue, because as elected officials, School Board members can vote to litigate cases and appeal decisions. The merit of their actions, he concluded, will be ultimately judge by their constituents.

5 Page 5 of 5 Dr. Perez suggested that the EAC obtain a copy of the minutes of the special session the School Board had with the outside attorney on 8/22/06, so the EAC would be privy to what the attorney stated. Mr. Garcia offered to provide the contents. There was also a general input from members of the audience about the merits of litigating and lawsuits relating to the replacement of the book Vamos a Cuba from school libraries. Mr. Thornburg made a motion not to address the litigating lawsuit relating to the replacement of the book Vamos a Cuba from schools libraries as an ethical issue, because it is beyond the EAC s purview and jurisdiction. The motion was seconded by Dr. Mullane and carried unanimously. The Chair abstained because she has not decided if it is an ethical issue. IX. PROPOSAL OF A CIVILITY RULE CODE The Chair briefly stated that the EAC is in agreement with establishing a civility rule. She stated that she will draft a civility rule and provide it at the next scheduled EAC meeting. Mr. Thornburg made a suggestion to incorporate the Standards for Professional Conduct within the Seventh Federal Judicial Circuit civility rule to the minutes for reference purposes. Ms. Moscowitz agreed. X. REPORT FROM COUNSEL REGARDING THE STATUS OF THE CODES OF ETHICS Ms. Moscowitz inquired on implementation of the codes. Mr. Garcia spoke about the process and noted that the school board did not pass the revised Certificate of Compliance and recommended it be revisited. Mr. Garcia also noted that he will bring the certificate back to EAC when the review is completed. XI. REPORT ON THE WORKSHOP PROPOSED TO THE BOARD Mr. Montes de Oca informed the EAC that at this time the workshop has not been scheduled. He noted that he will continue to dialogue with Board office and anticipate a date shortly. Mr. Thornburg suggested sending a follow up letter. The Chair agreed. XII. ADJOURNMENT There being no further discussion, the meeting was adjourned at 1:55 pm.

Committee Members Present: Others Present:

Committee Members Present: Others Present: MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE MEETING FRIDAY, DECEMBER 9, 2005 8:30 A.M. - CONFERENCE ROOM 916 SCHOOL BOARD ADMINISTRATION BUILDING Committee Members